international law. He interchangeably invokes the Vienna Convention on Diplomatic
Relations and the Convention on Consular Relations and the Optional Protocols 1963.
It is obvious from Article 31(1) of the Vienna Convention on Diplomatic Relations
1961(Supra) that a Consular General is not one of the recognized persons to be
accorded privileges and immunity because he is not a diplomatic Agent. The
Defendant has rightly argued that the
Plaintiff has surreptitiously presented the
matter as if he is a diplomatic Agent. The Defendant has equally contested the status
of the Plaintiff as even a Consul by maintaining that the Plaintiff is not a member of
the Consular and diplomatic Corps of the Defendant. Above all, that his diplomatic
passport may have been fraudulently obtained.
For the avoidance of doubt, the issue to be clarified is whether the provision of the
Vienna Convention on diplomatic Relations are applicable to Consular Officers as to
afford them the same immunity as afforded diplomatic agents. In order to clarify the
issue, one needs to look at the provisions of the Vienna Convention on Consular
Relations which deals specifically with Consular Officers. The Vienna Convention
grants limited privileges and immunities to Consular Staff or personnel in the
receiving State. They can be arrested and prosecuted for criminal offences and other
offences, except ones committed in the course of the performance of their duties.
Article 41 provides that consular officers may not be arrested or detained except in
case of grave crimes and following a decision by the competent judicial authority of
the receiving State. If criminal proceedings are instituted against a Consul, he must
appear before the competent authorities.
Under Article 43 of the Convention on Consular Relations, the immunity of Consuls
including the Consul General is restricted in both criminal and civil cases to acts done
in the official exercise of their Consular functions. In Koeppel and Koeppel Vs. The
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